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Originally Posted by Jason Whitney
David,
Although I am not certain for sure of what you speak entirely it may be plausable.
However, those who cosistantly assert that TILA Reg. Z is to be cited or is cited as the authority for such are wholeheartedly incorrect. All they would have to do is just read the darn code section and they would (at least I would hope) determine such...
J
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I am of quite an opposite school than you mention. If you really start bugging me for proof there is a 72 hour stipulation in the UCC I may go find it for myself and then if it seems productive, share it here. In other words I will not resort to the Lex Mercatoria (Law Merchant) or its codification the UCC since before I triggered the Montana Freeman Standoff. By simply resorting to the common law concepts, Without Recourse, and no UCC citation like the folks getting honor for the Comptroller Warrants in FRNs, I imposed a codification-free forum of law upon the Federal Reserve; something they would have had to undo all the spin since the War Between the States to honor.
One time a suitor (before he met me) got a curbside bid for a new roof on his home. He said he might get back to that contractor as he accepted the presentment. Four days later he came home to a new roof!
I bought an expensive vacuum cleaner about twenty years ago. Then I realized that even though it was a great vacuum cleaner, at $1200 it was far from a great deal. So I wanted out. The attorney had me convinced that was okay but kept stalling and not returning calls until three days later he informed me my three day grace period to renege was over. The pushy salesman insisted we give him our old vacuum cleaner and he cut the cord off it ceremoniously. This was a tactic to impress upon me and my wife that the deal was final and there was no backing out.
I have been squabbling with Redemption and other Acceptance for Value UCC folks for years. There are some great theoretical scenario "scripts" to be formed from the UCC, I agree. So good that people jump on the "There was a guy in Texas who had the Note returned..." And then, "I know a guy in Texas who can prove..." It is a little bit scary. I have talked with a lot of people and even drafted remedy for them that have believed that somewhere, a black-robed attorney caved into the power of the UCC rules. I have yet to talk to one of these advocates who ever saw it happen or even has a certified transcript of it happening.
Regards,
David Merrill.